Dissenting opinion facts for kids
| Judicial opinions & aggregates for official decisions (O.S-Federal) |
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Majority opinion |
A dissenting opinion is a special written statement from a judge in a legal case. It's written when one or more judges disagree with the decision made by the majority of the court. Sometimes, they simply say they don't agree. Other times, they explain their reasons in detail, hoping to convince others of their point of view.
This kind of disagreement isn't just for legal cases. When talking about other group decisions, it might be called a minority report.
What is a Dissenting Opinion?
Dissenting opinions are usually written and shared at the same time as the main decision from the court. Even though they are important, a dissenting opinion does not create new binding precedent. This means it doesn't become a part of the official case law that future courts must follow.
However, dissenting opinions can still be very influential. They can be used later to argue that a court's decision should be changed or looked at differently. Sometimes, a past dissenting opinion can even lead to a change in the law. A court might later agree with an idea that was first suggested in a dissent.
Why Judges Dissent
Judges might write a dissenting opinion for several reasons. They might interpret the existing laws differently from the majority. They could also believe that different legal principles should apply to the case. Or, they might simply see the facts of the case in a different way than the other judges.
In 1936, Chief Justice Charles Evans Hughes once said that a dissent in a high court is "an appeal." This means it's like a call for future consideration or a different way of thinking about the law.
